Extracted from the PDF above. The PDF is authoritative.
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Whether reporters of the local papers may be allowed to see the judgment?
( 2025:HHC:13719 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review Petition No. 24 of 2025 &
RFA No.309 of 2007
Date of Decision: 2.5.2025
1. Review Petition No.24 of 2025 Union of India
....Petitioner. Versus Hetu and another
....Respondents
2. RFA No.309 of 2007 Union of India
…..Appellant
Versus Hetu and others
…..Respondents Coram Hon’ble Mr Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the petitioner : Mr. Rajinder Singh Thakur, Standing Counsel, for UOI. For the Respondents : Mr. Maan Singh, Advocate, for respondents No.1(a) to 1(c), 1d(i) to 1d(iv), 1(e) to 1(g). Ms. Seema Sharma, Deputy Advocate General, for respondent-State. Respondent Banti Devi stands deleted.
Vivek Singh Thakur,Judge (oral)
Review Petition No.24 of 2025 This Review Petition has been preferred on behalf of Union of India on the ground that judgment dated 25.6.2018 in RFA No.309 of
2 ( 2025:HHC:13719 ) 2007 titled as Union of India Vs Hetu & others has been passed on the basis of decision rendered by this Court in RFA No.301 of 2007 State of H.P. Vs Satya Paul, whereas it had to be decided on the basis of being squarely covered by the decision rendered by this Court in RFA No.310 of 2007 titled Union of India Vs. Jagat Ram.
Submissions made on behalf of Union of India have been conceded by the learned counsel for the respondents and, therefore, undisputedly main appeal, i.e, RFA No.309 of 2007 has to be decided on the basis of judgment passed in RFA No.310 of 2007, but not on the basis of RFA No.301 of 2007. Accordingly, judgment dated 25.6.2018 passed in RFA No.309 of 2007 titled as Union of India Vs Hetu and others is recalled and appeal is directed to be restored to its original status with original number.
Review Petition is allowed in the aforesaid terms. RFA No.309 of 2007 Undisputedly, the present appeal is squarely covered by the
judgment dated 6.11.2015 passed by this Court in RFA No.310 of 2007 titled Union of India Vs Jagat Ram and others. Parties have agreed to dispose of the present appeal in terms of the aforesaid judgment passed in RFA No.310 of 2007. In view of above, the present appeal is disposed of in terms of judgment passed in RFA No.310 of 2007 with observation that the grounds, on which RFA No.310 of 2007 has been dismissed, shall be applicable to present appeal also, for all intents and purposes and claimants/land owners of the property in reference shall be entitled for
3 ( 2025:HHC:13719 ) compensation @ 11607/- per biswa acquired by the Union of India for the public purpose.
The appeal is dismissed in the aforesaid terms. Pending application(s), if any, stand disposed of. Copy of this order be also in RFA No.309 of 2007.
(Vivek Singh Thakur)
(Judge)
2nd May, 2025 (mamta)